Smt. Kamla Singh Dead Th. Lrs Manohar Singh And ORS. v. Mus. Dulourin Bai And ORS.

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MAC No. 991 of 2014 Smt. Kamla Singh Dead Th. Lrs Manohar Singh and Ors. Versus Mus. Dulourin Bai and Ors 04.08.2020 Mr. S.P. Kale, Advocate with Mr. Lav Sharma, Advocate for the appellants.

Mr. Ratnesh Agrawal, Advocate for Respondent 1 to 4. Mr. Sourabh Sharma, Advocate for Respondent 5. On 11.03.2019 learned Single Judge has formulated a substantial question of law for hearing of this appeal which reads as follows. "Whether the Commissioner, Employees'

Compensation Act-cum-Labour Court, Bilaspur was justified in exonerating the Insurance Company from its liability? "

Learned Single Judge has also taken into consideration that the Commissioner has not followed the proceedings as envisaged under proviso to Section 4(A)(3b) of the Worksmen's Compensation Act, 1923 (Employees' Compensation Act) (for short "the Act, 1923), but has not formulated the question of law for hearing on the issue.

Upon hearing learned counsel for the respective parties, we find it appropriate to frame additional substantial question of law as under. "whether the Commissioner under Employees Compensation Act was justified in passing an order of

50% of the penalty on the awarded amount without complying with the provision of Section 4(A)(3b) of the Act, 1923?

With the consent of the parties, the appeal is being heard finally and the order passed separately.

Sd/- Sd/- (P.R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Pawan